Legislative Council of Hong Kong

“ A public officer is not personally liable for anything done or omitted to be done by the public officer in good faith in the exercise of a power or performance of a function or purported exercise of a power or purported performance of a function under this Ordinance. ”

“ Transitional provision—ice-making factories
During the period of 6 months beginning on the date on which section 64 (2) commences, a person does not commit an offence under section 35 of the Food Business Regulation (Cap. 132 sub. leg. X) for a contravention of section 31 (1) of that Regulation only because the person carries on, or causes, permits or suffers to be carried on, a business that manufactures or prepares ice, otherwise than under and in accordance with a licence granted under that Regulation. ”

“ If an authorized officer reasonably suspects that a person has committed or is committing an offence under an enactment specified in Schedule 5, the authorized officer may arrest the person without a warrant.
(2) If a person forcibly resists the attempt of an authorized officer to arrest him or her or attempts to evade arrest, the authorized officer may use all reasonable means necessary to make the arrest. ”

“ In a proceeding for an offence under section 4, 5, 21 (5) (a) , 22 (5) (a) , 23 (4) (a) , 24 (4) (a) , 26 (3) or 32 (1) brought against a person in respect of an act or omission alleged to have been done or made by an employee or agent of the person, the person is liable to be convicted of and be punished for that offence unless the person establishes the defence described in subsection (4) . ”

“ The Director may from time to time revise the whole or any part of a code of practice issued under subsection (1) .
(4) Subsection (2) applies, with the necessary modifications, in relation to any revision made under subsection (3) as it applies in relation to the issue of a code of practice. ”

“ In the case of an appeal against a food safety order addressed as referred to in section 31 (1) (b) or (c) , if the Municipal Services Appeals Board Ordinance (Cap. 220) authorizes or requires any document to be served or any notice to be given to the persons bound by the order, the document may be served or the notice may be given by—
(a) publication in the Gazette; or (b) any other means specified by the Chairman of the Municipal Services Appeals Board by notice in writing signed by the Chairman. ”

“ Section 2 (1) of the Public Health and Municipal Services Ordinance (Cap. 132) is amended, in the definition of “drink”—
(a) in the Chinese text, by repealing “不包括不屬於下列類別的水” and substituting “不包括水,但以下類別的水除外”; (b) in the Chinese text, by repealing paragraph (c) and substituting— “ (c) 不論是處於天然狀態或有加入礦物質的天然泉水;及”; (c) by repealing paragraph (d) and substituting— “ (d) water that is placed in a sealed container and is intended for human consumption;”. (2) Section 2 (1) is amended by repealing the definition of “food” and substituting—
“ “food” (食物) includes— (a) drink; (b) ice ”